Return refused despite item being in perfect condition

barkbarkr

Flannels UK company has refused my return of a perfect item because they claim it has been 'worn, damaged or washed'. I did not do any of the three to the item. I returned it in its perfect state after trying it on inside for 1 minute and finding out it was too large. I returned it the very next morning after the evening I received it. They have returned the jacket back to be refusing a refund but the jacket is in perfect condition. Do I have any rights? My right to cancel is still valid as I received the order thursday 2nd January. Please help ! It was very expensive £479 and I think it is unfair that they can refuse this when the jacket is in perfect condition with tags attached

the_lunatic_is_in_my_head

Hello OP

You need to make a clear statement that are exercising your right to cancel in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as apposed to any policy that they may offer in addition). 

Then they can not refuse the cancellation, if their terms are correct there may be a debate about a deduction for "excessive" use but step one is getting them to acknowledge your right to cancel as above, one you have made the statement you need to return within 14 days of the date of that statement.

Okell

Sounds like the OP has already returned the item to flannels...

@barkbarkr - what date did you receive the jacket from Flannels and when did you return it?

Did you tell them anything when you returned it?

How did you return it?

Do you have evidence of return?

barkbarkr

I returned it via Royal Mail tracked 48 delivery and I have proof of postage. I said ticked the box saying 'too large' on the returns form. i received the jacked on the 2nd Jan and returned it on the 3rd Jan 

barkbarkr

Is my right to cancel affected by how i have already tried to return and they have refused the return? 

barkbarkr

I have received the jacket back today 8th January as they refused the refund on the 7th January 

m0bov

Send them an LBA and then MCOL it.

the_lunatic_is_in_my_head

barkbarkr said:

Is my right to cancel affected by how i have already tried to return  

No I don't believe so, the only argument the retailer has against denying your refund first time around is that you used their policy that requires goods to be "unworn". 

Cancellation rights impose no such restriction, if you made the clear statement and returned again but they sent it back again they'd be misleading you about your rights entitling you to treat the contract at an end any way.

Ergates

barkbarkr said:

Is my right to cancel affected by how i have already tried to return and they have refused the return? 

The clock stops when you inform them that you're returning the item.

The only caveat:  If you arrange for the delivery of the return (as you did here) and the parcel is lost/damaged, then this is your responsibility and the company would be within their rights to refuse a refund  (or to give a refund, then claim it back).  You would then have to take it up with the delivery company to claim compensation back.  This is why it's always preferable to have the retailer arrange for the return delivery.

But it doesn't sound like that was an issue here.

barkbarkr

@Ergates - yes this was not an issue. royal mail did not do any damage to the item. I received it back today, and it is in perfect condition. i have asked flannels to provide photographic evidence of why they are rejecting the return. 

barkbarkr

@the_lunatic_is_in_my_head , do you think me trying something something for sizing as it appeared too big for one minute consistute worn?